Disorderly Conduct Attorneys in Mesa Standing up for the Rights of Clients Facing Charges
Disorderly conduct is an offense that is a bit broadly defined, and it is often up to a police officer to interpret the situation and decide whether a suspect has committed the crime of disorderly offense or not. Our law firm works with countless cases of clients dealing with a disorderly conduct accusation. Here are some answers to common questions we receive daily, as well as a few insights on why hiring an attorney may be the most sensible choice for your case.
What Is Considered Disorderly Conduct in Arizona?
In Arizona, engaging in certain behaviors that may cause disturbance of peace can be considered a disorderly conduct offense. Some examples of those behaviors include fighting, loudly arguing, or engaging in seriously disruptive behavior; making unreasonable noise; utilizing offensive language or gestures directed at another person resulting in immediate physical retaliation from the other party; and recklessly handling, displaying, or discharging a gun or another deadly weapon.
Other actions such as causing a commotion or display to prevent lawful business from being conducted during a meeting, gathering, or procession, and refusing to obey law enforcement when an order to disperse is issued with the goal of maintaining public safety are also considered disorderly conduct offenses. Another aspect of the crime is that the defendant fully intended to disturb someone’s peace and was aware that his or her actions or behavior would result in a disturbance.
Is Disorderly Conduct a Felony in Arizona?
In most cases, disorderly conduct is considered a misdemeanor in Arizona. Because the law is very broad in defining what a disorderly conduct offense is, it is quite common for law enforcement to charge someone with disorderly conduct when it is unclear what the offender should be charged with. Even though it is a misdemeanor, it should not be taken lightly. A disorderly conduct offense is classified as a class 1 misdemeanor, the most serious kind of misdemeanor with significant penalties.
However, a disorderly conduct offense can be escalated to a felony when a deadly weapon or dangerous instrument is used. Even if nobody was injured, an offender can be charged with a class 6 felony for recklessly displaying, handling, or discharging a deadly weapon such as a knife, firearm, or any other object that may be regarded as a dangerous instrument.
What Are the Penalties for Disorderly Conduct?
If a disorderly conduct offense is being charged as a class 1 misdemeanor, potential penalties vary from paying a significant fine and probation time (which may require attending classes or participating in counseling), to spending a maximum of six months in jail. If the offense involves the use or display of a deadly weapon, it will be charged as a class 6 felony. Potential penalties for a class 6 felony vary depending on whether the person is a first-time offender or a repeat offender. A conviction may result in a year and a half to six years in jail, depending on how many prior felony convictions the defendant has on his or her record.
If you have been charged or arrested for a disorderly conduct offense, working with an attorney may be essential to achieve a more favorable outcome. Even if you have been charged with a misdemeanor and not a felony disorderly conduct, you might be looking at significant consequences such as fines, jail time, and a criminal record. Before you go along with the prosecution and accept to enter a plea deal, consult with a disorderly conduct attorney to see what other choices may be more beneficial to your case.
How Can a Disorderly Conduct Attorney Help Me?
Because disorderly conduct crimes are so broadly defined, include a wide range of allegedly disruptive behaviors, and are largely subject to personal interpretations, a Mesa disorderly conduct attorney can attack your case from many different angles and develop a defense strategy to de-escalate your charges and try to get them dismissed. In order to charge someone with disorderly conduct or felony disorderly conduct, the prosecution needs to demonstrate beyond reasonable doubt that the defendant had the intention to act in a seriously disruptive manner.
A criminal defense lawyer can argue that the defendant did not know or was unaware that his or her actions would cause a disturbance of the peace. It is not unusual for people to overreact simply because a gun is present. An attorney can argue that the defendant lawfully possessed a firearm as set forth by the constitution and was not acting unreasonably. Another possible defense strategy is to argue that law enforcement did not properly inform you of your Miranda rights or coerced you into making incriminatory statements, which goes against your constitutional rights. This is important because the prosecution can attempt to use your statements to the police to prove intent.
There are many possible defense strategies that can be used to help your case. Our law firm has helped many clients charged with disorderly conduct and have successfully secured positive outcomes for their cases. If you have been charged with disorderly conduct, it is best not to take it lightly and reach out to the Naegle Law Firm, PLC, as soon as possible. Our legal team will conduct a thorough evaluation of your case and discuss your options. Contact our Mesa office at (480) 378-9000 and request a confidential case analysis to see how we can help you fight back.